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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception to the wealth per student limitation for |
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school districts that, as a result of natural disasters, are |
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suffering financial hardship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Education Code, is |
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amended by adding Section 41.0021 to read as follows: |
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Sec. 41.0021. EXCEPTION TO WEALTH PER STUDENT LIMITATION |
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FOR SCHOOL DISTRICT SUFFERING FINANCIAL HARDSHIP DUE TO NATURAL |
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DISASTER. (a) This section applies only to a school district: |
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(1) all or part of which is located in an area |
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designated by an executive order or proclamation issued by the |
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governor under Chapter 418, Government Code, declaring a state of |
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disaster as a result of a natural disaster; and |
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(2) that is determined by the commissioner, in |
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accordance with criteria specified by commissioner rule, to have |
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suffered financial hardship as a result of the natural disaster. |
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(b) Notwithstanding any other provision of this chapter, a |
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school district is not required to satisfy any wealth per student |
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limitation prescribed by Section 41.002 and is not required to take |
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any action under Section 41.003 to achieve the equalized wealth |
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level until: |
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(1) local, state, and federal recovery efforts are |
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completed in the designated area as described by Subsection (a)(1); |
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and |
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(2) through state and federal assistance, the school |
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district's financial situation is, as determined by the |
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commissioner in accordance with criteria specified by commissioner |
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rule, equal to or better than the district's financial situation |
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was immediately before the natural disaster. |
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(c) This section applies to a school district regardless of |
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whether district property damaged in the natural disaster is |
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reappraised under Section 23.02, Tax Code. |
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(d) The commissioner shall adopt rules as necessary to |
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administer this section. |
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SECTION 2. (a) This Act applies beginning with the |
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2009-2010 school year. |
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(b) The applicability of Section 41.0021, Education Code, |
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as added by this Act, to a school district during the 2009-2010 |
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school year is not affected by whether the natural disaster that |
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resulted in financial hardship to the district occurs before, on, |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |